Little Falls transcript., 1887-03-25

I eeesings in such manner as will best con-
duce to the proper dispatch Of business and &C
! the ends Of justice. A majority of Stae COM
fnissioners stall constitute a quorum for the
transaction of business, but no commissioner
shait participate in any hearing or proceeding
IN wh1cn he has any pecuniary interest. Said
commission may, from time to time, make OF
amend such general rules or orders as may be
requisite for the order and regulation Of pro-
r. Meh Of
l nearly as may be TO those in use In the courts
OF thts state. ANY party may appear before
Or by attorney. Every vote and official act Of
! the commission shall be entered of record and
It's proceedings shall be public upon the request
otelther party interested, or at the discretion
| Of the commission. Said commission shall have
an official seal which shall be juiicia!y noticed.
ANY member OF the commission may administer
the commission shall be In che city of St. Paul,
where its general sessions shall be held.
| ig) Whenever the convenience Of the public,
expenses prevented thereby. the omal1ssion may
hold special sessions in any part OF the state. 1t
| may, by one, or more OF the commissioners pros
ecute any inquiry necessary to its duties In any
part OF the state Into any matter Or QUESTION OF
fact pertaining to the business Of any common
! carr1er subject to the provisions Of this act.
| th1 tThe attorney general OF the State Of Min.
nesota snail be eE- ofiieio attorney for the Com
| mission, and shall give them such counsel and
adyace as they may from time to time require:
and he shall institute and prosecute any and all
| sulls which said railroad and warehouse COM
mission may dee3n 1t eXpedient and proper TO
| inssitute: and he shall render to such railroad
I and warehouse commission all counsel. advice
| aud assistance necessary to carry out the pro-
visions Of this net o. OF any law OF this state,
| cording to the true intent and moaning thereof
| l. shall likewise be the duty OF the county at
tOrney OF any county in which suit is instituted
Or prosecuted, to aid in the prosecution Of the
commission. Said coruuission are hereby
| anthorizeds when the facts in any given case
shall in their Judgment. warrant, to employ
any and all additlonas legal counsel that
| they may thiuk proper. expedient and
! necessary to assist the attorney general or
any county attorney in the conduct and
Anime to bring under the provisions OF this act,
or OF any law Of this state
SEC. 10 ,la) That che commission hereby
created shall have authority to inquire into the
management OF the business Of sill common car-
rlers subject to the provisions uf this act, and
shall keep itself informed as to the manner and
| shall have the right to obtain from such com
mon carriers full and complete infurma. ion,
necessary TO enable tha commission to perform
the duties ana carry 0ut the objects for which it
was created: IN order to enable said commits
sloners efficiently to perform their duties under
this act, it Is hereby made their duty TO cause
one OF thelr lumber TO Yists the various stations
on the lines Of each railroad as often practi-
cable, after siying twenty days notice of such
visit and the time aud place thereof in the local
newspapers, and at least once in twelve n1ontas
TO visit each coua5v III the state in which
| is shall be located railroad station
and personally inquire into the manage
meut OF such railroad business and for this pur-
pose, all rsilcuad companies and common car-
! r1ers, and their officers and employees, are re-
quireu to sid and furnish each member of tho
! railroad and warehouse commission with reason
able and proper facilities. and each one, or Gil of
! the members Of such commission, and their as
slsrants. sna!l have the rig IT. In his or their Ct
ucSl capacity, to pass free.Qn any railroad trains
on all railroads in this state, and to enter aud
remain in at all suitable times, any and all cars,
rr rpitr r}r -
! railroad company, in this state, in the perform
ance OF official duties; and whenever, in the
Judgment OF the commission it shall appear that
ar y common carrier fails in any respect or par
ti0ular to comply with the laws Of This state, OF
whenever in their Judgment, any repairs are
necessary upon it's railroad, Or any addition to
Or change OF It's stations or station houses il
necessary, or aly'chanse in the mode Of operat-
lug Its road or conducting it's business is reAs
enable OF expeelient in ordeL to promote the Sc
curlty, convenience, aud accommodation OF The
pub! sale commission shall Inform such rail-
road s;a,,s company ~ by aotiee Sheseoi in
the statutes Of this state, in actions asainst
corporations. certified by the oo,pmiss1cn' 5 clerk
| neglect or refuse - comply with snoh order,
then the comrnission may In its ciscretion,
cause suits or proceedings TO be Instituted tc
! enforce It's orders as provided ia this act.
Sec. i. ta> That in case any coln1non carrier
subject to the provisions Of this act, shall do,
cause to be done or permit to be done, any act
thing this act pTOIll)lteC DE c}ared to be
unlawful, or et,all omit to do any act matter OF
thing in this act req1red 10 be duue, such COM
mon carrier shall be liable to the person or per-
sons party Or parties injured thereby, for the
full amount OF damages sustained in cons Sc
quence Of any such violation OF the provisions
Of this act, together with q reasonable counsel
or attorneys fee to Ge fixed by the court in
every case Of recovery, which attorneys fee shall
be taxed aud collected as part OF the COSTS in the
case.
| nI> That am person persons, party OF
Cn II
non"action OF any common carrier, subject to the
| PROVISIONS Of this act may either make
co1nnlaiptt to the commission, as hereinafter
provided for, Or may bring suit in his their own
behalf for the recovery Of the damages for which
! such common carrier may be liable under the
provisions & Of this act, in any district court oi
person or persons shall NOT have the right tc
pursue both OF said remedies at the same time
(c) In any such action brought for the re.
covery Of damages the court before which the
same shall be pending may compel any director
officer, receiver trustee or agent Of any corpora
tion Oh company, defendant in suc suit to at
tend, appear and testify in such case, and may
compel the production Of the books and papers
Of such. corporation or company, party to any
such suit; the claim that any such testimony or
evidence may tend to crjnlinate the person CIV
ing such evidence shall not excuse such witness
from testifying, but such evidence or testimony
| shall not be used against such person on the trial
OF any criminal proceeding.
SEC. IL. That any common carrier, subject
| to The provisions Of this act, whenever such
common carrier is corporation. any director OF
officer thereof or aay receiver, trustee. lessee.
| agent or person acting for, or employed by such
! corporation, who. alone OF with any other cor
! poration, company, person or party, shall will
fully do or cause to be done, or shall wiIlfully
| suffer or permit to be doae, any act, matter or
! thing In this act prohibited declared to be
! unlawtnl. OF who ahall aid or abet therein, OF
shall willfutly omit or fail to DC any act matter
or thing in this act required to be done, shall
| cause OF wznnsly suffer Or pecnit any act. mat
ter or thing so directed or required by this act
to be done, not to be 80 done, shall aid abet
any such omission, or shall be guilty of any
willfnl nfraction of this act, er shall aid or abet
therein, shall be deemed guilty Of = violation OF
! the provisions this act and stall, upon oonvic-
tion thereof in any district court OF The state
within the jurisdiction Of which such offense
was committed, be subject to penalty..of not
less than two Thousand i've hundred dollars or
more than five thousand dollars for the first
offense, and not less than five thousand dollars
or more than ton Thousand dollars for each sub
seuuent offense.
SEC. 13. (a) That any person, firm, corpora-
tlon or association. or any nercantlle agricult-
ural or manufacturing society, or any body
.politic or municipal organization, complaining
OF anything done Or omitted to be doue by any
common carrier, subject to the provisions Of
this act, IN contravenJion OF the provisions
thereof, may apply to said commission by petit
tion, which shall briefly state the facts.
| {b} Whereupon a statement of the charges
thus made shall be forwarded by the commits
sion to such common carrier, who shall be called
| upon to satisfy the complaint, or to answer the
ssme In writing within a reasonable time. to be
carrier, within the time specified, shall make
reparation for the injury alleged to have been
done, said carrier shall be relieved Of liability
to che complainant only, for the particular vio-
rier shall not satisfy the complaint within the
tino specified. or there shall appear to be any
/ reasonable ground for investigating, said COM
plaint it shall be the duty OF the commission
suumarily to investigate the matter COM
planned Of in such naaneg and by such
| means as ii shall deem proper. No
complaint shall at any time be dismissed be-
cause Of absence of direct damage to the COM
plainant. And for the PURPOSES OF this act the